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Indian Polity by Laxmikant - Union Parts of the Constitution: study notes exam point of view

                                                    Union Parts of the Constitution                                           


PART – I:

ARTICLES (1-4):  Territory of India, union of India, creation and formation of states.

-Territory of India implies all physical boundaries including UT and all territorial waters.

-Territorial Sovereignty is covered till 12 nautical miles, continental shelf and exclusive economic zones till 220 open skies.

-Union of India implies all the constituent parts / states of Indian Govt. and its relations with state Govt.

Article – 1: India i.e. Bharat shall be a ‘Union of states’, which means Indian federation is not the result of agreement between centre & states. Hence the term federation is not mentioned in Indian const. Indian Federation is the result of both ‘Agreement, disagreement’ / ‘Integration, disintegration’ both ‘holding together, coming together’. It is the result of ‘Centripetal & Centrifugal’ forces. As Indian federation is not the result of agreement, states can’t go away from union.  Indian union is indestructible with destructible states (units).

Article – 2: Admission & transfer of new territories in India. Goa, Daman Diu, Dadra Nagra Haveli, Pondicherry. Sikkim was admitted to Indian union. ‘If a new territory is admitted & formed into a state, it is called ‘Creation of state’.


Articles - 3: deals with
Formation of MP and Chhattisgarh from MP  (Formation – breaking into small states.)
Merge: 2 into 1 Ex: Andhra state + Hyderabad state = Andhra Pradesh
(Diminish: reducing the boundary)
(Increase: increasing the territory)
(Alteration: alteration i.e. reorganization of the states). (Names of states).

Bill relating to the above things will be introduced in either houses of the parliament.
·         UP state trying to break is extra constitutional.
·         Only centre can initiate the process which is constitutional.
·         Simple majority: move than half of the members present & voting other than total. Ex: of 545 members, 400 present. So, simple majority = 201
·         Both houses should approve the bill separately after which president gives his assent & the bill becomes an act.
·         No house prevails over the others.
·         President is bound to give his assent.

Article – 4: If any amendment made to articles 2,3 then article 4 is automatically amended. It contains the names of states, UT.

Dynamics of formation of states:
Language: In 1947-48, central Govt. appointed S.K Dhar commission to consider the demand of the linguistic states; consists of Panna Lal and Jagath Narayana lal chaired by S.K.Dhar.
This commission rejected linguistic state. 1st state to demand: Telugu

Committee J-V-P: (Nehru, Patel, Pattabhi), appointed by congress party in 1948.
·         This committee also turned down linguistic state. However the demand of Telugus may be consider separately.
·         However in 1952, P. Sriramulu (Oct 19), started fast unto death in Madras at the residence of Bulusu sambha murthy.
·         But he died on 15 Dec, 1952 after 58 days. After this, J.Nehru announced formation of Andhra.

Kailashnath Vanchu committee: (form. C.J. of R.J. H.C) in 1953 to decide the division of Madras state. Accordingly, Andhra state was formed on 1st Oct 1953 with 11 districts. 4 rayalaseema, 7 coastal districts, Kurnool as capital. 1st CM of Andhra state: T. Praksham, Assembly – Hyderabad, High court – Guntur, capital – Kurnool.

States reorganizing committee: (SRC)
·         In 1953, Fazal ali charied SRC which had its members K.M Phanikar, H.N. Khunjru.
·         This commission submitted its report in 1955 and recommended for reorganization of states.
·         Accordingly, parliament made 7th amendment of const. in 1956 and also states reorganization act, 1956.
·         With this act, all category of states stand abolished and all the states were placed. Under same footing.
·         Hyderabad state was merged into Andhra state and it became Vishala Andhra or Andhra Pradesh on 1st Nov, 1956, with neelum sanjeev reddy as 1st CM of Andhra pradesh.
·         Initially 20 districts, now 23 districts for A.P before 11 districts for Andhra state.
·         Likewise 14 states were reorganized from 29 states and had 6 union territories.
·         As on today there are 28 states, 7 UT’s.

Newly formed states after 1956:
1960: Gujarat was formed by dividing Bombay state into Maharashtra. – 15th state – Gujarat.
1963: Nagaland – 16th, by separating from Assam.
1966: Haryana from Punjab -17th state
1971: HP – 18th which was earlier a UT.
1972: 3 states – Manipur -19th, TR – 20th, MG – 21st, with NE states reorganization act, 1971.
1975: SK – 1975 – 36th Amend – 22nd state,
1974 – 35th amend – SK was associated into Indian Territory. (SK: least populated).
1987: MZ-23rd, Arunachal Pradesh-24th earlier UT’s made into states.
1987: Goa – 25th state of India. Goa became part of India in 1961, a portug. ----.
It was given a constitutional status as UT in 1962 by 12th const. amendment.
It was acquired & was made UT in 1962.
 2000: Chhattisgarh from MP as 26th state.
            Uttarakhand from UP on 9th Nov as 27th state.
            Jharkhand from Bihar on 15th Nov as 28th state.

Changing the names of the states:
1950: United Province became Uttar Pradesh
1960: Bombay became Maharashtra
1968: Madras state became Tamilnadu
1973: Mysore state became Karnataka
2006: Uttaranchal became Uttarakhand
2006: Pondicherry – Puducheery
2007: Assam – Asom
2010: Orissa – Odisha
2011: West Bengal – Paschima Banga

Latest movements for separate states:
·         Telangana: AP
·         Kodagu: Coorg (KA)
·         Saurashtra: GJ
·         Vidarbha: MH
·         Bodoland: AS
·         Gorkhaland: WB
·         Vindhya Pradesh: Awadh (MP)
·         Tulunadu: borders of KA, KL
·         Harid POradesh: UP
·         Mitilanchal: Kosala, ----
·         Gondhwana: borders of -----
·         Manya pradsesh: AP, MP, MH, ----
Recent UP Awadh, Pashchim, Bundalkand


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